USSC 14-124: Herbert v Kitchen et al (Utah Same Sex Marriage Ban)

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Joseph Robidoux III
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USSC 14-124: Herbert v Kitchen et al (Utah Same Sex Marriage Ban)

#1

Post by Joseph Robidoux III » Wed Mar 12, 2014 9:03 pm

Oral argument is scheduled for 10:00am MDT Apr 10, 2014.[/break1]ca10.uscourts.gov/sites/default/files/clerk/13-4178a.pdf]Media Order for 13-4178, Kitchen, et al. v. Herbert, et al.Order filed March 10, 2014 outlining the protocol to be followed for the oral argument scheduled for Thursday, April 10, 2014 at the Byron White United States Courthouse in Denver, CO in Kitchen, et al. v. Herbert, et al., No. 13-4178.[/break1]ca10.uscourts.gov/clerk/news/media-order-13-4178-kitchen-et-al-v-herbert-et-al]http://www.ca10.uscourts.gov/clerk/news ... bert-et-alThought this lawsuit deserved its own thread.



Joseph Robidoux III
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USSC 14-124: Herbert v Kitchen et al (Utah Same Sex Marriage Ban)

#2

Post by Joseph Robidoux III » Thu Apr 10, 2014 8:55 pm

[/break1]uscourts.gov/courts/ca10/13-4178.mp3]Audio for the oral argument heard earlier today at the 10th CCA is available.A [/break1]denverpost.com/news/ci_25537246/10th-circuit-appeals-court-hear-oral-arguments-about]Denver Post article about todays events.



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June bug
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USSC 14-124: Herbert v Kitchen et al (Utah Same Sex Marriage Ban)

#3

Post by June bug » Thu Apr 10, 2014 10:35 pm

(Cross-posted from the 10th Circuit thread, where a buzzfeed article mentioned Utah was backing away from Regnerus' study results.)Thanks for this thread, JR, and for the link to the Post Article! Reading it, I noticed the state didn't back away all that far:Schaerr told justices a key risk of gay marriage is that children are raised by someone other than their natural parents and [highlight]that those children have a higher rate of criminal behavior[/highlight].



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USSC 14-124: Herbert v Kitchen et al (Utah Same Sex Marriage Ban)

#4

Post by Dolly » Thu Apr 10, 2014 10:46 pm

Schaerr told justices a key risk of gay marriage is that children are raised by someone other than their natural parents and [highlight]that those children have a higher rate of criminal behavior[/highlight].Well that sucks - for the children that are adopted or raised by a step parent. :twisted:


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Joseph Robidoux III
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USSC 14-124: Herbert v Kitchen et al (Utah Same Sex Marriage Ban)

#5

Post by Joseph Robidoux III » Tue Apr 22, 2014 3:45 am

Uh oh! It appears Utah's high priced hired guns may have made a little big boo boo.


Could Kitchen v. Herbert be thrown out on a technicality?





On Tuesday, Utah’s lead counsel Gene C. Schaerr drew attention to a question posed to both sides by a three-judge panel at the 10th Circuit Court of Appeals last week regarding whether the lawsuit targeted the appropriate state and county officials.


[/break1]sltrib.com/sltrib/news/57836336-78/utah-case-court-county.html.csp]http://www.sltrib.com/sltrib/news/57836 ... y.html.cspThe three same sex couples sued the Utah Governor, Utah Attorney General and the Salt Lake County Clerk, Sherrie Swensen in USDC. The County Clerk declined to appeal the USDC ruling and Circuit Judge Jerome A Holmes is questioning whether Article III standing has been met.


-xx


Interesting article in the Salt Lake Tribune.

► Show Spoiler



Joseph Robidoux III
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USSC 14-124: Herbert v Kitchen et al (Utah Same Sex Marriage Ban)

#6

Post by Joseph Robidoux III » Mon Jun 30, 2014 12:18 pm

Congressman Tim Huelskamp (R-KS 01) was not pleased with the decision from the 10th Circuit.


“With this decision, two radical judges on the 10th Circuit Court of Appeals have far exceeded their constitutional authority. Contrary to a clear ruling of the U.S. Supreme Court in United States v. Windsor, these two lawyers invented a brand new constitutional ‘right’ and overruled the express opinion of nearly three million American voters and their elected representatives. Similar to unelected federal judges elsewhere in America, these two lawyers have ignored the Supreme Court and invalidated Section 2 of the Defense of Marriage Act which clearly protects ‘the State’s power in defining the marital relation.’ In typical liberal fashion, what those who seek to destroy marriage can’t win in the court of public opinion, they seek to impose through unelected and unaccountable judges with lifetime appointments.


[/break1]house.gov/media-center/press-releases/10th-circuit-decides-against-marriage-and-family]http://huelskamp.house.gov/media-center ... and-familyThe entire 4 paragraph press release is available at the above link.





I enjoy reading Congressman Huelskamp's press releases when he's upset. They're not at the level of Congressman Steve King's (R-IA 04), yet, but he tries. Huelskamp is preaching to a very conservative choir. The Cook Political Report Partisan Voting Index rates the Kansas 1st congressional district as R+23.



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USSC 14-124: Herbert v Kitchen et al (Utah Same Sex Marriage Ban)

#7

Post by Sterngard Friegen » Mon Jun 30, 2014 5:57 pm

Repeatedly calling the judges the epithetical "lawyers" was a nice touch. He could have said "B.A.R. members."



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USSC 14-124: Herbert v Kitchen et al (Utah Same Sex Marriage Ban)

#8

Post by Joseph Robidoux III » Wed Jul 09, 2014 4:43 pm

It's on to 1 First Street NE.


The Utah Attorney General’s Office announced Wednesday that it will appeal the 10th Circuit Court’s decision last month upholding same-sex marriage to the U.S. Supreme Court.





The state will not seek a full-court review by all 12 judges of the 10th Circuit Court, according to a statement from the attorney general’s office.


[/break1]sltrib.com/sltrib/news/58165963-78/court-marriage-utah-sex.html.csp]http://www.sltrib.com/sltrib/news/58165 ... x.html.cspI'm not surprised Utah is skipping a repeat performance in Denver. I don't believe Utah liked the cast.



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USSC 14-124: Herbert v Kitchen et al (Utah Same Sex Marriage Ban)

#9

Post by gupwalla » Wed Jul 09, 2014 4:56 pm

I still completely fail to see how "creating more opportunities for marriage" equates to "destroying marriage."


In a wilderness of mirrors, what will the spider do beyond the circuit of the shuddering Bear in fractured atoms? -TS Eliot (somewhat modified)

All warfare is based on deception. - Sun Tzu

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Sterngard Friegen
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USSC 14-124: Herbert v Kitchen et al (Utah Same Sex Marriage Ban)

#10

Post by Sterngard Friegen » Wed Jul 09, 2014 4:57 pm

I still completely fail to see how "creating more opportunities for marriage" equates to "destroying marriage."Simple. Heteros don't want to do what homosexuals do.



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USSC 14-124: Herbert v Kitchen et al (Utah Same Sex Marriage Ban)

#11

Post by Adrianinflorida » Thu Jul 10, 2014 4:00 am

The more rights that LGBT are recognised as having, makes them less different so the anti gay lobby won't be able to point and say "see how different and scary they are?".



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USSC 14-124: Herbert v Kitchen et al (Utah Same Sex Marriage Ban)

#12

Post by realist » Wed Aug 06, 2014 9:50 am

cross-posting...





[link]SCOTUSblog,http://www.scotusblog.com/2014/08/same- ... urt-early/[/link]








Lyle Denniston Reporter





Posted Tue, August 5th, 2014 4:11 pm





Same-sex marriage issue reaches the Court early





A little over a year after the Supreme Court set off a wave of lower court decisions striking down state bans on same-sex marriage, the legal contest over the constitutionality of those laws returned to the Supreme Court at midday Tuesday. [highlight]Utah state officials, filing six weeks ahead of their deadline, asked the Court to uphold their state’s ban.[/highlight] This was the first of several cases on that question likely to reach the Justices in the coming weeks and months.





The Court is in summer recess now, and probably would not act on the Utah case until the Justices return to the Court building this fall, for a new Term that opens on October 6. The same-sex couples who successfully challenged the Utah ban will have a chance to respond to the state’s appeal before the Justices act. [highlight]But it now appears nearly certain that the Court will take on the issue, and reach a decision by next summer.[/highlight]





The Utah case, titled [highlight]Herbert v. Kitchen (docket 14-124) raised a single constitutional question: “Whether the Fourteenth Amendment prohibits a state from defining or recognizing marriage only as the legal union between a man and a woman.”[/highlight]


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USSC 14-124: Herbert v Kitchen et al (Utah Same Sex Marriage Ban)

#13

Post by SuzieC » Wed Aug 06, 2014 10:12 am

Also, 4 consolidated marriage equality cases to be argued today in the 6th Circuit.[/break1]freedomtomarry.org/pages/marriage-litigation-at-the-6th-circuit]http://www.freedomtomarry.org/pages/mar ... th-circuit



Joseph Robidoux III
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USSC 14-124: Herbert v Kitchen et al (Utah Same Sex Marriage Ban)

#14

Post by Joseph Robidoux III » Thu Aug 07, 2014 12:16 am

cross-posting...





[link]SCOTUSblog,http://www.scotusblog.com/2014/08/same- ... urt-early/[/link]


Lyle Denniston Reporter


Posted Tue, August 5th, 2014 4:11 pm





Same-sex marriage issue reaches the Court early


A little over a year after the Supreme Court set off a wave of lower court decisions striking down state bans on same-sex marriage...





The Utah case, titled Herbert v. Kitchen (docket 14-124) raised a single constitutional question: “Whether the Fourteenth Amendment prohibits a state from defining or recognizing marriage only as the legal union between a man and a woman.” :link:


You betcha!


[/break1]supremecourt.gov/Search.aspx?FileName=/docketfiles/14-124.htm]http://www.supremecourt.gov/Search.aspx ... 14-124.htm




Edit: Thread title changed from US 10th Circuit to US Supreme Court.



Joseph Robidoux III
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USSC 14-124: Herbert v Kitchen et al (Utah Same Sex Marriage Ban)

#15

Post by Joseph Robidoux III » Mon Aug 18, 2014 5:27 pm

~~~Date~~~ ~~~~~~~Proceedings and Orders~~~~~~~~~~~~~~~~~~~~~ Aug 5 2014 Petition for a writ of certiorari filed. (Response due September 4, 2014) Aug 8 2014 Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioners. [/break1]supremecourt.gov/Search.aspx?FileName=/docketfiles/14-124.htm]http://www.supremecourt.gov/Search.aspx ... 14-124.htmScratch 1 or more trees.



Joseph Robidoux III
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USSC 14-124: Herbert v Kitchen et al (Utah Same Sex Marriage Ban)

#16

Post by Joseph Robidoux III » Fri Sep 05, 2014 9:32 pm

~~~Date~~~ ~~~~~~~Proceedings and Orders~~~~~~~~~~~~~~~~~~~~~Aug 5 2014 Petition for a writ of certiorari filed. (Response due September 4, 2014)Aug 8 2014 Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioners.Aug 25 2014 Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondentsAug 28 2014 Brief of respondents Derek Kitchen, et al. in opposition filed.Sep 4 2014 Brief amicus curiae of Eagle Forum Education & Legal Defense Fund, Inc. filed.Sep 4 2014 Brief amici curiae of Twenty - One Utah Counties filed.Sep 4 2014 Brief amicus curiae of Foundation for Moral Law filed.Sep 4 2014 Brief amici curiae of Eighty Utah State Legislators filed.Sep 4 2014 Brief amici curiae of 35 Comparative Law Scholars filed.Sep 4 2014 Brief amici curiae of Historians and American Leadership Fund filed.Sep 4 2014 Brief amici curiae of Steven G. Calabresi, et al. filed.http://www.supremecourt.gov/Search.aspx ... 14-124.htm



Joseph Robidoux III
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USSC 14-124: Herbert v Kitchen et al (Utah Same Sex Marriage Ban)

#17

Post by Joseph Robidoux III » Fri Sep 12, 2014 1:22 am

SCOTUS Blog has some links I thought some here might enjoy. Note this case is scheduled for the Sept 29, 2014 conference.SCOTUS Blog said:SCOTUS Blog said:Date Proceedings and OrdersAug 5 2014 Petition for a writ of certiorari filed. (Response due September 4, 2014)Aug 8 2014 Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioners.Aug 25 2014 Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for respondentsAug 28 2014 Brief of respondents Derek Kitchen, et al. in opposition filed.Sep 4 2014 Brief amicus curiae of Eagle Forum Education & Legal Defense Fund, Inc. filed.Sep 4 2014 Brief amici curiae of Twenty - One Utah Counties filed.Sep 4 2014 Brief amicus curiae of Foundation for Moral Law filed.Sep 4 2014 Brief amici curiae of Eighty Utah State Legislators filed.Sep 4 2014 Brief amici curiae of 35 Comparative Law Scholars filed.Sep 4 2014 Brief amici curiae of Historians and American Leadership Fund filed.Sep 4 2014 Brief amici curiae of Steven G. Calabresi, et al. filed.Sep 4 2014 Brief amicus curiae of Center for Constitutional Jurisprudence filed. VIDED.Sep 4 2014 Brief amici curiae of Thirty Companies Representing Employers filed.Sep 4 2014 Brief amici curiae of Robert P. George, et al. filed.Sep 4 2014 Brief amici curiae of The National Coalition of Black Pastors and Christian Leaders filed.Sep 4 2014 Brief amici curiae of United States Conference of Catholic Bishops, et al. filed.Sep 4 2014 Brief amici curiae of Massachusetts, et al. filed.Sep 4 2014 Brief amici curiae of The States of Colorado, et al. filed.Sep 4 2014 Brief amici curiae of Colage, et al. filed.Sep 4 2014 Brief amicus curiae of Judicial Watch, Inc. filed.Sep 4 2014 Brief amicus curiae of Concerned Women for America filed.Sep 4 2014 Brief amicus curiae of David Boyle filed.Sep 10 2014 Reply of petitioners Gary R. Herbert, Governor of Utah, et al. filed. tbpSep 10 2014 DISTRIBUTED for Conference of September 29, 2014.http://www.scotusblog.com/case-files/ca ... v-kitchen/



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